Regulations relating to pollution control (Pollution Regulations). This is an unofficial translation of the Norwegian regulation.

Laid down pursuant to section 52a of Act no. 6 of 13 March 1981 concerning protection against pollution and concerning waste (the Pollution Control Act). 

39-1. Scope

The provisions in this chapter apply to collection of fees for work done by the competent authority to process permits pursuant to the Pollution Control Act, including the work with emergency response requirements, emergency response plans and emergency drills to deal with acute pollution, and the work of inspecting such enterprises. They further apply to inspections to ensure compliance with the requirements laid down in the present regulations, Regulations no. 931 of 1 June 2004 relating to the restriction of pollution (Pollution Regulations), as well as in Regulations no. 930 of 1 June 2004 relating to the recycling of waste (Waste Regulations) and Regulations no. 1127 of 6 December 1996 relating to Systematic Health, Environmental and Safety Activities in Enterprises (Internal Control Regulations), which are all pursuant to the Pollution Control Act.

The competent authority here means the Climate and Pollution Agency or the County Governor, depending on the division of duties at any given time.

The provisions shall not apply to the competent authorities' work with municipal emergency response plans and emergency drills.

The provisions shall not apply to work with permits and inspections that is covered by other fee schemes pursuant to the Pollution Control Act.

39-2. Definitions

The following definitions shall apply in this chapter:

Permit: Decisions pursuant to section 11 of the Pollution Control Act or decisions pursuant to regulations laid down in accordance with the Pollution Control Act that require permits, and decisions regarding emergency response requirements and approval of emergency response plans pursuant to sections 40 and 41 of the Pollution Control Act.

Case processing: The competent authorities' work with permits.

Inspection: Examination of the business' status in relation to requirements laid down in the Pollution Control Act and in regulations or individual decisions pursuant to the Act, including system audits.

System audit: Systematic examination of the business to determine whether internal control activities and associated results comply with those that have been planned, and whether they have been implemented effectively or are adequate in order to achieve the goals (inspections lasting several days).

39-3. General provisions regarding the fees

In accordance with sections 39-3 to 39-8, the person/s in charge of the business shall pay a fee to the state for the case processing and inspections conducted by the competent authority.

The total fees must not exceed the costs incurred by the competent authority in connection with the case processing or the inspection

The competent authority shall set the fees to apply in each case. The expected resources used in connection with the case processing or inspections shall determine the fees rates to be set, pursuant to sections 39-4, 39-5, 39-7 and 39-8.

If costs are accrued in connection with obtaining analysis results from tests taken by the competent authority, the business shall cover these costs, in addition to the fees pursuant to sections 39-4 to 39-8.

The competent authority shall, as far as possible, notify the business liable for fees in advance of the applicable rate, pursuant to sections 39-4, 39-5, 39-7 and 39-8.

The fee shall be due for payment 30 days after the business has received an invoice from the competent authority.

39-4. Fees for the processing of new permits

Fees shall be paid for the processing of new applications for permits at the following rates:

Category 1: NOK 110.400
Category 2: NOK 79.000
Category 3: NOK 51.000
Category 4: NOK 19.600 

39-5. Fees for amendments to permits

Fees shall be paid for applications for amendments to permits at the following rates:

Category 1: NOK 45.300
Category 2: NOK 21.400
Category 3: NOK 5.200

If the change is of such a nature that it would entail a use of resources significantly in excess of the resources on which category 1 has been calculated, the rates in section 39-4 shall apply.

39-6. Fees for inspection lasting up to one day at businesses holding permits

When inspecting businesses that hold permits, fees shall be paid at fixed rates, based on the business' risk category. The risk category shall be set in the permit. If a business has been assigned a certain inspection category in relation to permits issued prior to 1 January 2007, this shall be the applicable risk category. Businesses that have not been assigned a risk category shall pay the fee for risk category 4.

Risk category 1: NOK 19.700
Risk category 2: NOK 14.800
Risk category 3: NOK 11.400
Risk category 4: NOK 4.400

39-7. Fees for inspection at businesses without permits

Fees for inspection at businesses covered by the requirements laid down in the regulations mentioned in section 39-1 shall be paid at the following rates:

Category 1: NOK 19.100
Category 2: NOK 14.400
Category 3: NOK 11.000
Category 4: NOK 4.300
Category 5: NOK 2.100

The participation of the competent authority in emergency drills, with the exception of municipal emergency drills, cf. section 39-1, is covered by this provision.

39-8. Fees for system audits (inspections lasting several days)

Fees for system audits shall be paid at the following rates:

Category 1: NOK 208.700
Category 2: NOK 133.200
Category 3: NOK 79.100
Category 4: NOK 44.000 

39-9. Fees for inspection of businesses with EMAS registration or ISO-14001 certification

For businesses with EMAS registration or ISO-14001 certification, the competent authority may grant a reduction of the fee of up to 50%, in accordance with the rates set in sections 39-6 to 39-8.

Section 39-10. Exceptions

The competent authority may reduce or waive the fees pursuant to sections 39-4 to 39-8 when there are special reasons to do so.

Section 39-11. Changes to fees

Climate and Pollution Agency may change the fee rates, pursuant to changes to the consumer price index between 1 October and 30 September. The amended rate shall be rounded to the nearest NOK 100. The change shall enter into force on the following 1 January.